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Reso 40462 U-88 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLIUTION NO. 4046 OF THE PLANNING COMNIISSION',OF THE CITY OF CUPE=O APPROVING THE CONSTRUCTION of A 5,100 SQ. FTo, 2ND STORY ADDITION AND ASSOCIATED SITE MODIFICATIONS TO AN EXISTING CHURCH SECTION I: FINDINGS WHEREAS, the Planning Commission of the City of Cupertino received an application for a Use Permit, as described on Page 2 of this Resolution; and WHEP AS, the applicant has met the burden of proof required to,support said application; and WEMEAS,, the Planning, Commission finds that the application meets the following requirements: a) That the use or uses are in conformance with the General Plan of the City of Cupertino, and. are not detrimental to existing uses or to uses specifically permitted in the zone in which the proposed 'use is to be located; b) That the property involved is adequate in size and shape to accommodate the proposed use; c) That the proposed use will not generate a level of traffic over and above that of the capacity of.the existing street system. d) That the proposed use is otherwise not detrimental to the health, safety,.' peace, morals and general welfare of persons residing or working in the neighborhood of such proposed uses, nor injurious to property and improvements in the neighborhood. NOW, THEREFORE, BE IT RESOLVED: That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted in this matter, the application for Use Permit is hereby recommended for approval, subject to the conditions which are enumerated in this Resolution beginning on Page 2 thereof; and. That the subconclusions upon which the findings and conditions specified in this Resolution are based are contained in the Public Hearing record concerning Application 2 U-88 as set forth in the Minutes of the Planning Commission Meeting of April 11, 1988, and are incorporated by reference as though fully set forth herein. 4 H RESOLUTION NO. 4046 (2 U-88) 4/11/88 PAGE o 2 e SECTION II. PROJECT DATA Application No(s) 2.U-88 Applicant. Good Samaritan Church Property owner. Same Location. Southeast corner of Homestead Road and Linnet Lane SECTION III. CONDITIONS ADF=STERED BY THE PUBLIC WORKS DEPARMV= 1. FIRE HYDRANT Fire hydrants shall be located as required by the City. 20 TRAFFIC SIGNS Traffic control City. fir. c'i'•��. signs shall be placed at locations specified by the Grading shall be as approved and require by the City Engineer in accordance with Ordinance 125. 4. DRAINAGE Drainage shall be provided to the satisfaction of the City Engineer. Surface flow across public sidewalks may be allowed in the R:1. Rm2 and R-3 zones unless storm drain facilities are deemed necessary by the City Engineer. Development in'all other zoning districts shall be served by on site storm drainage facilities connected to the City storm drainage system. If City stormdrains are not available, drainage facilities shall be installed to the satisfaction of the'City Engineer. �� SJRIMMMOW The developer shall comply with the requirements of the Underground Utilities Ordinance No. 331 and other` related ordinances and regulations of the City of Cupertino, and shall coordinate with affected utility providers for »installation of underground utility devices. The developer shall submit detailed plans showing utility underground provisions. Said plans shall be subject to prior approval of the affected Utility provider and the City Engineer. RESOLUTION NO. 4046 (2 U-88) 4/11/88 PAGE e 3 The project developer shall enter into a development agreement with the City of Cupertino providing for payment of fees, including but not limited to checking and inspection fees, storm. drain fees, park dedication fees and fees for undergrounding of utilities. Said agreement shall be executed prior to issuance of construction permits. SECTION IV: CONDITIONS AEF=STERED BY THE PLANNING DEPAFdMM The recommendation of approval is based on Exhibits A and B of Application 2U-88, except as may be amended by the Conditions contained in this Resolution. Electrical transformers, telephone vaults and similar above ground, equipment enclosures shall be screened with fencing and landscaping or located underground such that said equipment is not visible from public street areas. In the event that the applicant or subsequent prosy owner ,shall desire to mace any minor changes, alterations or amendment of the approved development plan, a written request or revised development plan shall be submitted to the Director of Planning and Development. If the Director makes a finding that the changes are minor and do not. result in a material affect upon the appearance or function of the project, said changes may be certifiedon the revised plan.. If approval of said changes is withheld, the applicant may appeal`to the Planning Commission. If the Director finds that the requested changes are material, such changes shall be referred to the Planning Commission for approval. If the changes are denied by the Planning Commission, the applicant may appeal to the City Council as provided in City Ordinance No. 652. If said changes are approved by the Planning Commission, an appeal may be made to the City Council by any interested party. Further, any Member of the City Council may request a hearing before the City. Council regarding said approved changes. Said request shall be made within ten (10) days from the date of approval of said changes by the Planning Commission. UT i2CO I*, f-MI 100.11 M All mechanical equipment shall be screened from public view.